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(영문) 부산지방법원 2017.09.07 2017노775
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the reasons for appeal (two years of suspended sentence to one year) is too unreasonable.

2. It is recognized that the judgment defendant recognized the crime of this case, the degree of participation is easy compared to the co-defendant A of the judgment below, and the crime of this case and the crime of obstruction of execution of official duties for which the judgment became final and conclusive are concurrent crimes of this case after Article 37 of the Criminal

However, in full view of the following facts: (a) the Defendant was punished for the same or similar violent crimes, including a violation of the Punishment of Violences, etc. Act, at least 15 times; and (b) the lower court appears to have already sentenced to the suspension of the execution of imprisonment in consideration of the above favorable circumstances for the Defendant; and (c) there are no special changes in circumstances that may be considered in the sentencing in the first instance court; and (d) the Defendant’s age, sexual behavior, environment, health conditions (e.g., proof and depression of alcohol), and various sentencing conditions on the records and variable theories, the sentence imposed by the lower court is not heavier.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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